14 Feb 2017
OPUA COASTAL PRESERVATION INCORPORATED v FAR NORTH DISTRICT COUNCIL [2017] NZHC 154
- Citation
- [2017] NZHC 154
- Court
- High Court
The 30 October 2014 FNDC decision granting open 'permission' was quashed because FNDC, as administering body, does not have unfettered ownership rights and cannot lawfully grant permanent private commercial use absent statutory authority; however, the 5 June 2015 decision consenting to specified easements was valid because s48(1)(f) of the Reserves Act authorises easements connected with adjacent land, the Minister's consent function had been validly delegated to the council, and Heath J had confirmed the legal capacity to grant such easements, so the delegate's reconsideration did not requir…